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Divorce Questions & Answers
1 Answer | Asked in Divorce for Ohio on
Q: Does the lawyer i find have to be in the same county as which the divorce papers were filed?
Joseph Jaap
Joseph Jaap answered on Nov 23, 2020

The attorney does not have to be in the same county, but must be willing to travel to your county. The attorney will bill you for that travel time, so it will cost you more than if you get a local attorney. A local attorney will know the folks at the local court and be more familiar with how they... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: I live in Naperville, Illinois and want to divorce my wife. What is the total process, do I need to stay in Illinois

When do we start the divorce start date, when were last intimate or when we talked about it last oct 20th

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 23, 2020

Neither of the two criteria you mentioned has any bearing on the divorce "start date". The total process is too lengthy to explain in this forum. Whether you have to stay in IL depends on some facts that you have not provided, e.g., are children involved? Are you willing to return to IL... Read more »

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2 Answers | Asked in Divorce and Civil Rights for Georgia on
Q: Can I fight my stepmom for my dad's life insurance policy because she abandoned him and was filed for a divorce??
Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

If your stepmom was still listed as the beneficiary of the policy at the time of your father's death, she will be entitled to the policy benefits, irrespective of what marital problems they were having.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Can a divorce decree be altered years later when still dealing with minor children?
Troy Tyson
Troy Tyson answered on Nov 23, 2020

Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... Read more »

1 Answer | Asked in Divorce for New York on
Q: Hello. I live in NYC and am separated, not legally separated, from my wife for about 2 1/2 years.

We have no children and the only assets in question are my pension and deferred compensation plan. She has worked full time the entire time we have known each other.

I can't now, or in the near future , afford to hire an attorney to represent me in a divorce procedure. I have done some... Read more »

Kevin Abessi
Kevin Abessi answered on Nov 21, 2020

Here's one of the places you can begin your search:

https://www.justia.com/lawyers/divorce/new-york/new-york-city/legal-aid-and-pro-bono-services

In addition, law schools have law clinics that may take divorce clients.

Ultimately, though, if you're working and...
Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Maryland on
Q: Which percentage of the extraordinary medical expenses do I pay since my child support order has recently changed?

I was paying 73% of the extraordinary medical expenses for my kids. On 2 November it was lowered by the court to 54%. My ex sent me a bill on 5 November for September and October medical expenses and said I owed 73% since that was what the percentage was in September and October before it was... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 21, 2020

73%. Look at this way, do you want to be the parent who argues over needed medical treatment for the child and who pays it? If you wind up paying more than you think you "should" focus on the fact your child needed care.

1 Answer | Asked in Divorce, Estate Planning and Probate for Indiana on
Q: Dissolution of marriage was finalized 1 mo. before ex died. Document stated 2 vehicles were to be sold & profits split.

Vehicles were not sold before death. One truck was in wife’s name and other was in both. Does the truck default back to the title holder on death of ex-husband or does it still need to be sold and split? What about truck in both names or does it default back to surviving title holder?

Steven J. Fromm
Steven J. Fromm answered on Nov 21, 2020

If you have a signed property settlement agreement that would be controlling. Ultimately, the proceeds of both sales are split between the wife and the ex-husband's estate.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: I was ordered to take a mental exam for custody and a drug test ive done both but the court wont set a date for visits

The guardian ad litem filed no contact order for my daughter and i stating i was mentally unstable and on drugs which im neither and she never even met me i have never seen her or anything ahe just told the magistrate that from the word of my exwife

Cathy Cook Esq
Cathy Cook Esq answered on Nov 20, 2020

Do you have an attorney? You need an experienced child custody attorney to assist you. Have you seen the psychological report? Your attorney will need to review that to determine how to proceed?

3 Answers | Asked in Divorce for Georgia on
Q: In an Uncontested Divorce what if the non-filing party doesn't show? (Georgia)

Hi,

I live in and filed in Gwinnett County Georgia. My to be ex-spouse doesn't want to show up for court since they live out of state. We filed an uncontested divorce with a separation agreement. If they don't show up, would that mean they only waive their right or would it mean... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Nov 20, 2020

With an uncontested case, the other party doesn't have to appear in court.

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2 Answers | Asked in Divorce and Child Support for New Jersey on
Q: Can my ex stop his child support since my boyfriend moved in?

We have joint custody of three children. I am the parent of primary residence. He pays me $400 a month for three children in child support. My boyfriend moved in and now my ex wants to stop his child support payments.

Teresa L. Reichek
Teresa L. Reichek answered on Nov 20, 2020

Every situation is unique and has many factors. I can tell you that cohabitation is a reason to stop alimony payments, but not child support. Those are still his children and he still shares responsibility for their needs. That being said, you should consult with an experienced family law... Read more »

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1 Answer | Asked in Divorce for California on
Q: hello as part of our dissolution of marriage my husband was awarded 100 % interest in our residence it has both our

names on the deed and he wants me to sign a quitclaim deed do i have to ?

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 20, 2020

If he was awarded the property 100% and you were ordered to sign a quit claim deed, then of course that is what you have to do. Is there a reason why you do not want to comply with this particular court order? If there is also an outstanding mortgage (loan balance) on the property, he must also... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: How do arrears from previous relationship's child affect our current divorce and custody battle of our child?

My husband is $10K behind on his son from a previous relationship. I am looking to see how this will affect the out come of how much custody he receives of our son we have together and the current divorce.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 20, 2020

Unfortunately, your child suppoet is in line behind his previous child support order. But it does not affect custody of yiur child.

1 Answer | Asked in Divorce for Louisiana on
Q: Can I file for a divorce for my boyfriend of 3 years while he is incarcerated. He got married while in prison previous

They never lived together she cheated while he was in prison. Nd refused to sign papers when served before .

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 19, 2020

You can hire an attorney to draft it for him. Mail it to him to sign in jail. Then his lawyer can file it.

2 Answers | Asked in Divorce for Georgia on
Q: If I filed for a divorce in April of 2020 and stopped it in may of 2020 How lng d I have to wait before I can file again

Do I have to wait and be separated for a certain amount of months?

Regina Irene Edwards
Regina Irene Edwards answered on Nov 19, 2020

You can refile immediately.

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2 Answers | Asked in Divorce for New York on
Q: how do I begin asking for a divorce. My husband has been verbally abusive for a long time now and I have had enough. I w
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 19, 2020

The best course of action is to have a consultation with an attorney and then retain one to guide you through the process and file all the necessary papers with the court and represent at all stages of the proceedings. You do not need your husbands agreement or permission to start a divorce.

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1 Answer | Asked in Divorce for Illinois on
Q: How do I go about filing for a separation and receive spousal support.
Martin A. Delaney III
Martin A. Delaney III answered on Nov 19, 2020

We will be happy to represent you, please 847-705-8000.

2 Answers | Asked in Divorce for Ohio on
Q: Due to the pandemic my ex hasn’t paid child support for 5 months because he was laid off. Does he still owe it to me?

He said he doesn’t owe it to me because while we were separated and the divorce was not finalized he was giving me support money out of the kindness of his heart. So we should be equal or I should pay him back for doing that. Is that true?

Joseph Jaap
Joseph Jaap answered on Nov 18, 2020

Money given directly typically does not count toward the child support obligation, but is considered a gift. But it depends on the temporary support order in effect during the divorce, and what the court ordered for support when the divorce was finalized, and how it required him to pay , either... Read more »

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Finances during separation

My husband and I are separated. He is VERY ill and I'm helping here and there when I can. He has kept the home and all the debts that come with. Some are in my name. If he can't get them out of my name, I was told to just bring my decree to show he is responsible. With him being ill,... Read more »

Ty Czapla
Ty Czapla answered on Nov 18, 2020

If you have a debt that you are jointly responsible for, you are both responsible for it. The only way to change it is to get the lending institution to allow a change in responsible party. If he is not working and is very ill, that is not likely to happen. You could sign an agreement with him... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Alabama on
Q: I'm paying child support for two children. One is now age 19. Does support automatically stop for him?

Do I have to send a request to the court? The mother and myself are in agreement with modifying the support, if it is not automatic. I just need to know what steps to take - i.e. forms, letter(?), etc. Are there fees?

Shane Michael Oncale
Shane Michael Oncale answered on Nov 18, 2020

You have to go back to court for you child support to be reset with a new calculation done for the remaining child. By the way, it does not cut in half.

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1 Answer | Asked in Divorce for Alabama on
Q: How can I make my husband pay me while going through a divorce? He recently put me out of the house and filed.

We were talking and I mentioned to him that I thought our time had expired. He proceeded to tell me he wanted my things packed and moved out of the home the next day. I had nowhere to stay. I’ve been looking for a home. He called and harassed me about looking for a home with his knowledge. I’ve... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Nov 18, 2020

There is always temporary relief or as the law calls it pendente lite relief available and you need to seek it yesterday. You are really behind on these issues and he should not have and would not have been allowed to do some of the things he has already done if you had a lawyer and could get... Read more »

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